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| Acceptance of Agreement |
| By accessing or using the Site, you agree to comply with the terms and conditions outlined in this Terms of Use Agreement (“Agreement”), our privacy policy included below (the “Policy”), and all applicable laws and regulations. This Agreement and the Policy, as the same may be amended from time-to-time, constitutes the entire and only agreement between you and us and supersedes all prior and contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content provided by or through the Site, and the subject matter of this Agreement and the Policy. This Agreement and the Policy may be amended by us, from time to time, without specific notice to you by posting the revised document on the Site. Any changes will go into effect on the date posted in the notice. The new Agreement and Policy will apply to all current and past users of our Site and replace any prior Agreements and Policies. |
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| Copyright |
| The text, data, content, organization, images, graphics, design, software (including the underlying source and object codes), digital conversion, and any other materials included in or related to the Site are our property and are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property). The collection, arrangement, and assembly of all content on the Site is copyrighted as a “collective work” under Australian Copyright Laws. We own a copyright in the selection, coordination, arrangement, and enhancement of such content. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as allowed by Section 3, is strictly prohibited. You may not modify, remove, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any content. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. |
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| Limited Right to Use |
| You may use the content and software on the Site as an information resource only. The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, nonexclusive license for your sole personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any content, form, or document may be reproduced or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You may not modify any of the information on the Site and may not remove copyright, trademark, or other proprietary notices related to such content. Under this section, the license granted does not extend to any content owned by third parties and our licensors. Any use of the Site not described herein is strictly prohibited. Without limiting the generality of the foregoing, you are expressly prohibited from: |
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| (i) sublicensing or reselling any of the content, database, or information included on the Site including, but not limited to, any company information and paper cup prices; |
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| (ii) using, or allowing third parties to use the content, database, or information to compile, enhance, verifying, supplementing, adding to, or deleting from any compilation of information which is included on the Site; |
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| (iii) using the information on the Site in any service or product or for any purpose not specifically authorized under this Agreement or the Policy or offering it through any third party; or |
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| (iv) disassembling, decompiling, reverse engineering, modifying, or otherwise altering the information, the Site, or any part thereof without our prior written consent, which consent may be withheld in our sole discretion. |
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| Trademark Ownership |
| We own the registered and unregistered trademarks, service marks, and logos used and displayed on the Site (the “Trademarks”), our affiliates, or others. It would help if you did not construe anything on the Site as granting expressly, by implication, estoppel, or otherwise, any license or right to use any Trademark. Without limiting the foregoing, you may not use the Trademarks (a) to identify products or services that are not affiliated with us; (b) in any manner likely to confuse; (c) in or as part of your own trademarks; (d) in a manner that implies that we sponsor or endorse your products or services; or (e) in any manner that disparages or discredits us. We aggressively enforce our intellectual property rights to the fullest extent of the law. |
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| Editing, Deleting, and Modification |
| We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site. |
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| Links to Other Websites |
| The Site contains links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked website to our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party Sites, YOU DO SO AT YOUR OWN RISK. |
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| Third-Party Merchant Policies |
| All rules, policies (including privacy policies), and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. The Merchants and we are independent contractors, and neither party has authority to make any representations or commitments on behalf of the other. |
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| Indemnification |
| You agree to indemnify, defend and hold us and our partners, attorneys, staff, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement, the Policy or your use of the Site. |
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| Disclaimer |
| THE INFORMATION AVAILABLE FROM OR THROUGH THE SITE IS PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE USE OR OPERATION OF THE SITE, THE QUALITY OF THE PRODUCTS, OR THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE INFORMATION AVAILABLE THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO THE SITE AND/OR ANY PRODUCTS SOLD THROUGH THE SITE (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The negation of damages set forth above is a fundamental element of the bargain's basis between you and us. This Site, the products, and the information would not be provided without such limitations. Whether oral or written, no advice or information obtained by you from us through the Site shall create any warranty, representation, or guarantee not expressly stated in this Agreement. |
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| Transmission of Information |
| You acknowledge and understand that we cannot control the flow of information to or from the Site to other portions of the internet. Such information flow depends largely on the performance of internet services provided or controlled by third parties. At times, actions or inactions caused by the third parties can produce situations in which your connection to the Site (or portions thereof) or the information contained on the Site may be impaired or disrupted. Although we will use commercially reasonable efforts to take actions that we deem appropriate to remedy and avoid such events, we cannot guarantee that such events will not occur. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. |
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| Privacy Policy |
| We reserve the right, and you authorize us, to use and assign all information regarding your use of the Site and all information provided by you in any manner consistent with our privacy policy. As it may change from time to time, our privacy policy is a part of this Agreement. |
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| Information |
| The Site contains information about us and our mission. While this information was believed to be accurate as of the date prepared, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION. |
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| Governing Law/Venue |
| Cups Galore Pty Ltd controls the Site (excluding any linked websites). It can be accessed from all of Australia as well as from other countries around the world. By accessing the Site, you agree that Australia's statutes and laws, without regard to conflicts of law principle thereof, will apply to all matters relating to your use of the Site, including any purchases of products or services. |
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| Statute of Limitations/Limitation of Actions |
| Any cause of action by you with respect to the Site (and/or any information, products, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations outlined in this Terms of Use Agreement. |
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| Waiver |
| Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. |
